HealthBridge Management, LLC v. NLRB, No. 17-934 (2d Cir. 2018)Annotate this Case
The Second Circuit denied a petition for review of the Board's finding that HealthBridge engaged in a number of unfair labor practices in violation of the National Labor Relations Act. The court held that sound legal reasoning and substantial evidence supported the Board's determination that HealthBridge violated the Act by temporarily requiring housekeeping workers to work under a subcontractor only to rehire them as new employees following their termination by the subcontractor--thereby divesting them of seniority and related benefits accrued
under the CBAs. In this case, the obligations that HealthBridge attempted to shed remained binding, and no reasonable reading of those obligations permitted HealthBridge to eliminate the seniority-based entitlements of its housekeeping workers as it did.
Furthermore, the Board was correct in finding that HealthBridge committed two additional NLRA violations for failing to rehire two employees when every other housekeeping worker who sought continued employment with the company was returned to its payroll, and for threatening to call the police on workers who would not either immediately vacate the premises or accede to the unlawful elimination of their bargained-for seniority. The court also affirmed the Board's finding that HealthBridge violated the Act when it discontinued two of its policies without attempting to bargain.